Voluntary Consent in Legal Settings
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Questions and Answers

According to the text, when determining the validity of third-party consent, the focus is on whether the third party has common authority over or other sufficient relationship to the premises or effects sought to be inspected.

  • True (correct)
  • False

According to the text, the concept of third-party consent is based on the law of property.

  • True
  • False (correct)

According to the text, the Government must demonstrate that the third-party consent was given freely and voluntarily.

  • True (correct)
  • False

According to the text, when can a search be conducted without a warrant and without probable cause?

<p>When there is a valid consent (C)</p> Signup and view all the answers

According to the text, what is one of the specifically established exceptions to the requirements of both a warrant or probable cause?

<p>A search conducted pursuant to consent (C)</p> Signup and view all the answers

According to the text, why is it unreasonable to require police officers to obtain a warrant when the sole owner or occupant of a house or apartment voluntarily consents to a search?

<p>The owner of a home has a right to allow others to enter and examine the premises (D)</p> Signup and view all the answers

Which of the following statements is true regarding consent to a search?

<p>Consenting to a search means giving up the right to be free from unreasonable searches and seizures. (C)</p> Signup and view all the answers

Which factor may suggest that consent to a search was coerced?

<p>The presence of abusive, overbearing, or dictatorial police procedures. (A)</p> Signup and view all the answers

What must the prosecution prove in order for a consent to search to be deemed effective in Texas?

<p>The consent was freely and voluntarily given by clear and convincing evidence. (B)</p> Signup and view all the answers

What is the burden of proof regarding the voluntariness of a consent to search in Texas?

<p>The burden of proof rests with the prosecution. (B)</p> Signup and view all the answers

Which of the following factors suggests that consent was voluntarily given in a police-citizen encounter?

<p>The consenting party signed a 'consent-to-search' form prior to the search. (C)</p> Signup and view all the answers

Which of the following is true about implied consent to search?

<p>Implied consent can be found based on the person's responses to police inquiry. (A)</p> Signup and view all the answers

Can a valid consent to search be obtained from a third party?

<p>Yes, a valid consent can be obtained from a third party if they have the authority to bind the accused. (C)</p> Signup and view all the answers

Which of the following is not a factor suggesting that consent was voluntarily given?

<p>The consenting party admitted guilt before giving consent. (C)</p> Signup and view all the answers

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